Canada: Flight Deck Security

On March 24, 2015, a Germanwings Airbus A320 crashed in the
French Alps, killing all 150 souls on board. Following this
tragedy, the French accident investigation authority (BEA)
commenced an investigation into the circumstances surrounding the
loss. On March 13, 2016 the BEA released their final report,
concluding that the First Officer, while alone on the flight deck,
deliberately caused the crash by modifying the autopilot settings
and locking the flight deck door to prevent the Captain from
returning. He was unresponsive to all requests for access by the
Captain and all communication attempts from air traffic control.
This tragedy identified some risks associated with having only one
crew member on a secure flight deck.

Pursuant to the Canadian Aviation Regulations (CARs),
passenger-carrying commercial aircraft must be equipped with
reinforced flight deck doors that are locked at all times from when
the aircraft entry door is closed until arrival. In certain
circumstances, flight crew members are permitted to leave the
flight deck. On March 27, 2015, the Ministry of Transport issued
Interim Order 1. Pursuant to which all Canadian and foreign
airlines operating in Canadian airspace are required to implement a
"two persons on the flight deck at all times" procedure.
This procedure has been in place for Canadian airlines operating in
US airspace since 2002.

Interim Order 1 has subsequently been amended a number of times.
The most current version is Interim Order 5, issued June 16,
2016. Interim Order 5 applies to the operation of an
aeroplane by a domestic commercial air operator involved in
passenger-carrying air transport service as well as the operation
in Canadian airspace of a 20+ passenger-carrying aeroplane by a
foreign operator under a Canadian foreign air operator certificate.
Both domestic and foreign operators must ensure that if a flight
crew member leaves the flight deck during flight, one flight crew
member and one other authorized person remain present on the flight
deck while the flight crew member who left the flight deck is
absent. "Authorized persons" is defined differently for
domestic and foreign operators. For domestic operators, an
"authorized person" may include, amongst others:

a flight crew member;

an employee of the air operator who is not a crew member;

a pilot, flight engineer or flight attendant employed by a
wholly owned subsidiary or a codeshare partner of the air operator;
and

a crew member.

An "Authorized person" for foreign operators is
defined more narrowly and restricted to include, amongst
others:

a flight crew member; and

a crew member.

Therefore, foreign air operators cannot use an employee who is
not a crew member or a pilot, flight engineer or flight attendant
employed by a subsidiary or codeshare partner.

Of note, these restrictions do not apply to:

Flights operating with only one flight attendant, where there
is no other authorized person;

Aeroplanes that have a Class C or F cargo compartment
located on the main deck between the flight deck and the passenger
cabin; and

Foreign aeroplanes overflying into Canadian airspace pursuant
to a flight authorization (the Interim Order will still apply to
operators that hold a Canadian foreign air operator
certificate).

Also on March 27, 2015, the European Aviation Safety Agency
(EASA) issued a safety information bulletin recommending that
airlines ensure that two crew members are on the flight deck at all
times, including at least one qualified pilot. EASA is continuing
its investigation into other possible safety measures which may
assist in mitigating the risks of having only one flight crew
member on the flight deck. Transport Canada is monitoring the
process of that review and conducted its own risk assessment in
June 2015. Their evaluation and consideration of the issues is
ongoing and it is expected that regulatory amendments to the CARs
will ultimately be proposed that are harmonious with other
international regulations.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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